Back / lumbar spine Board decisions

The Veteran's degenerative disc disease of the lumbar spine with bilateral radiculopathy was not aggravated beyond its natural progression by service.

The Veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbar spine was denied. The Board also found that there is no evidence to support a right shoulder disability during his period of active duty, and thus denied service connection for this condition.

The Board has determined that the Veteran's lower back disability is service-connected as it is related to his in-service injury and post-service treatment, with reasonable doubt resolved in favor of the Veteran.

The Veteran's claims for PTSD, major depression, hypertension, diabetes mellitus, autoimmune hepatitis, hyperlipidemia, a heart condition, sarcoidosis, and a back disability have all been denied as there is no evidence of these conditions during service or related to service.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the earliest available opportunity. The RO will notify the Veteran of the date and time of the hearing, in accordance with 38 C.F.R. § 20.704(b).

The Board has granted service connection for the Veteran's low back disability, finding that it had its onset during his active service. The claim for an anxiety disorder is being remanded due to additional development needed.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for a back disability, an acquired psychiatric disorder (likely PTSD), and left ear hearing loss. The Veteran's current complaints of these conditions are considered part of his ongoing treatment history.

The Veteran's migraine headaches are rated at 30 percent effective October 2, 2009.,Prior to November 14, 2012, the Veteran's lumbar strain is rated at 40 percent effective October 2, 2009. As of November 14, 2012, the rating for lumbar strain is decreased to 20 percent.,The Veteran's increased evaluation for migraine headaches was granted with an earlier effective date of October 2, 2009.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected lumbar spine, right ankle, bilateral hearing loss, left elbow, left knee, and right knee disabilities. The claims will be returned to the Board for further appellate consideration.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess the severity of his service-connected lumbosacral degenerative joint disease with degenerative disc disease, and determining whether he is unemployable due to his disabilities.

The Board has determined that the Veteran's low back disorder is not related to his military service, and he does not meet the criteria for service connection.,Tinnitus was found to be due to noise exposure during service.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and any relevant SSA records. The appellant's claims will be reconsidered after this development.

The Veteran's claim for an increased rating for his degenerative joint disease of the lumbar spine is being remanded due to the need for a new VA examination and additional treatment records.

The Veteran's claims for increased ratings for lumbar spondylosis, spondylolisthesis, and degenerative joint disease from February 23, 2009 to March 1, 2012, and left S1 sensory radiculopathy since February 23, 2009 were denied. The Veteran's lumbar spine disability was rated at 40 percent for the period of February 23, 2009 to March 1, 2012, and a higher rating is not warranted under Diagnostic Code 5242 or Diagnostic Code 5243. For left S1 sensory radiculopathy, a 40 percent evaluation was granted effective March 2, 2012.

The Veteran's claim for service connection for a left shoulder disability was denied as the evidence does not show that his current condition is related to military service or a service-connected disability.,Claims for increased ratings and effective dates were also denied due to lack of factual ascertainability within one year of the September 29, 2004 claim.

The Board has remanded the case for additional development due to outstanding federal prison records and further efforts are required before these records can be obtained.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and copies of SSA disability benefit determinations. The claim for a TDIU due to service-connected lumbosacral strain will also be addressed.

The Board has ordered additional development to obtain the Veteran's Social Security Administration records and a VA examination, as these may be relevant to determining whether his lumbar spine condition is secondary to his service-connected right knee disability.

The Board has determined that the Veteran's current neck, back, hip, shoulder, and knee disabilities are not related to his military service, including a motor vehicle accident in service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's current neck disability is being remanded due to insufficient response from the April 2012 VA examination. The examiner needs to provide a more detailed opinion regarding whether the Veteran's condition is related to his service as a fighter pilot.